| 1 | A bill to be entitled |
| 2 | An act relating to the use of technology to supplement |
| 3 | visitation; amending s. 61.046, F.S.; defining the term |
| 4 | "electronic communication"; amending s. 61.13, F.S.; |
| 5 | providing that electronic communication be used to |
| 6 | supplement, not replace, visitation; requiring the court |
| 7 | to evaluate certain factors prior to granting parents |
| 8 | electronic communication; prohibiting the consideration of |
| 9 | electronic communication as a factor in a contested |
| 10 | relocation of a child; providing for allocation of costs; |
| 11 | amending s. 61.17, F.S.; prohibiting the consideration of |
| 12 | electronic communication as a factor in determining child |
| 13 | support; providing applicability; providing an effective |
| 14 | date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsections (6) through (20) of section 61.046, |
| 19 | Florida Statutes, are renumbered as subsections (7) through |
| 20 | (21), respectively, and a new subsection (6) is added to that |
| 21 | section to read: |
| 22 | 61.046 Definitions.--As used in this chapter: |
| 23 | (6) "Electronic communication" means contact, other than |
| 24 | face-to-face contact, facilitated by tools such as telephones, |
| 25 | electronic mail (e-mail), web cams, video-conferencing equipment |
| 26 | and software or other wired or wireless technologies, or other |
| 27 | means of communication to supplement face-to-face contact |
| 28 | between a parent and that parent's minor child. |
| 29 | Section 2. Paragraphs (d) through (i) are added to |
| 30 | subsection (2) of section 61.13, Florida Statutes, to read: |
| 31 | 61.13 Custody and support of children; visitation rights; |
| 32 | power of court in making orders.-- |
| 33 | (2) |
| 34 | (d) There is established a rebuttable presumption that it |
| 35 | is in the best interests of the child that a parent and child |
| 36 | shall have reasonable telephone communication. Unless this |
| 37 | presumption is rebutted, the court shall order telephone |
| 38 | communication. Electronic communication may be used only to |
| 39 | supplement a parent's face-to-face contact with his or her minor |
| 40 | child. Electronic communication shall not be used as a |
| 41 | replacement or substitute for face-to-face contact with the |
| 42 | parent's minor child who is the subject of proceedings under |
| 43 | this chapter. |
| 44 | (e) In granting a parent electronic communication, the |
| 45 | court shall consider all of the following factors: |
| 46 | 1. Whether electronic communication is in the child's best |
| 47 | interests. |
| 48 | 2. Whether the communication equipment and technology for |
| 49 | providing electronic communication is reasonably available, |
| 50 | accessible, and affordable to both parents. |
| 51 | 3. Whether there is a history of substance abuse or |
| 52 | domestic violence as defined in s. 741.28 or that meets the |
| 53 | criteria of s. 39.806(1)(d) by either parent, including a |
| 54 | consideration of the severity of such conduct and the failure or |
| 55 | success of any attempts at rehabilitation. |
| 56 | 4. Any other factor that the court considers material. |
| 57 | (f) The party seeking electronic communication shall not |
| 58 | be required to prove a substantial change in circumstances. |
| 59 | Consistent with s. 61.13001(7), the court shall not consider the |
| 60 | availability of electronic communication as solely determinative |
| 61 | in considering relocation. |
| 62 | (g) If the court finds that either or both parents will |
| 63 | incur additional costs necessary to implement electronic |
| 64 | communication, it shall allocate such expenses arising solely |
| 65 | from the electronic communication by and between the parents |
| 66 | after consideration of their respective financial circumstances. |
| 67 | (h) The court may implement safeguards or guidelines for |
| 68 | electronic communication. |
| 69 | (i) If the court enters an order granting electronic |
| 70 | communication, each parent shall furnish the other parent with |
| 71 | the access information necessary to facilitate electronic |
| 72 | communication. Each parent shall notify the other parent of any |
| 73 | change in the access information within 7 days of the change. |
| 74 | Section 3. Subsections (4) and (5) are added to section |
| 75 | 61.17, Florida Statutes, to read: |
| 76 | 61.17 Alimony and child support; additional method for |
| 77 | enforcing orders and judgments; costs, expenses.-- |
| 78 | (4) The extent or amount of time that electronic |
| 79 | communication is ordered pursuant to s. 61.13 shall not be a |
| 80 | factor in the calculation of child support. The provisions of |
| 81 | this subsection shall not apply to any judgments or orders |
| 82 | entered prior to October 1, 2007. However, any party to a |
| 83 | judgment or order entered prior to October 1, 2007, may seek to |
| 84 | have the court effectuate electronic communication by pleading |
| 85 | and proof consistent with the requirements of this subsection. |
| 86 | Section 4. This act shall take effect October 1, 2007, and |
| 87 | shall apply to all cases pending on or after that date. |